202A.0819 Due process and support requirements -- Conduct of hearing -- Ruling

346 words·~2 min read·/ky/202a-0819

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

on petition -- Reports.

(1)At a hearing and at all stages of a proceeding for court-ordered assisted outpatient

treatment, the respondent shall be:

(a)Represented by counsel;

(b)Accompanied by a peer support specialist or other person in a support

relationship, if requested by the respondent; and

(c)Afforded an opportunity to present evidence, call witnesses on his or her

behalf, and cross-examine adverse witnesses.

(2)If a respondent does not appear at the hearing, and appropriate attempts to elicit the

respondent's appearance have failed, the court may conduct the hearing in the

respondent's absence.

(3)A qualified mental health professional who recommends court-ordered assisted

outpatient treatment for the respondent shall:

(a)Testify at the hearing, in person or via electronic means;

(b)State the facts and clinical determinations which support the allegation that

the respondent meets the criteria stated in KRS 202A.0815; and

(c)Testify in support of the treatment plan provided pursuant to KRS 202A.0817,

and for each category of proposed evidence-based treatment, he or she shall

state the specific recommendation and the clinical basis for his or her belief

that such treatment is essential to the maintenance of the respondent's health

or safety.

(4)If after hearing all relevant evidence, the court does not find by clear and convincing

evidence that the respondent meets the criteria stated in KRS 202A.0815, the court

shall deny the petition and the proceedings against the respondent shall be

dismissed.

(5)If after hearing all relevant evidence, the court finds by clear and convincing

evidence that the respondent meets the criteria stated in KRS 202A.0815, the court

may order the respondent to receive assisted outpatient treatment for a period of

time not to exceed three hundred sixty

(360)days. The court's order shall

incorporate a treatment plan, which shall be limited in scope to the

recommendations included in the treatment plan provided by the qualified mental

health professional pursuant to KRS 202A.0817.

(6)The court shall report every order for assisted outpatient treatment issued under this

section to the Department for Behavioral Health, Developmental and Intellectual

Disabilities.